Sexual harassment consists of any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. This includes: submission to, or rejection of, such conduct that is made either implicitly or explicitly a term or condition of employment or participation in an education program; submission to, or rejection of, such conduct that is used as the basis for employment or academic decisions affecting a student; such conduct that has the purpose or effect of interfering with a student’s work or academic performance; or such conduct that creates a hostile or intimidating work or academic environment.

Unlawful Harassment is unwelcomed or unsolicited speech or conduct based upon race, sex, religion, national origin, age, color, disability or other legally protected status that creates a hostile work or academic environment or circumstances involving quid pro quo. Unlawful harassment may occur in a variety of ways including, but not limited to verbal, physical, written or graphic materials, face to face conduct or online comments.

Hostile Environment is one that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. Hostile environment is determined by looking at all of the circumstances, including the frequency of the allegedly harassing conduct, its severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an employee’s work performance or a student’s academic achievement.

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Prohibited acts that constitute unlawful harassment or discrimination may take a variety of forms. The following are examples of conduct that may constitute inappropriate or illegal behavior. They include, but are not limited to:
A. Unwelcome sexual propositions, invitations and solicitations, including sexual assault, sexual violence or rape.
B. Threats or insinuations that a person’s employment, wages, academic grade, promotional opportunities, classroom or work assignments or other conditions of employment or academic life may be adversely affected by their race, sex, religion, national origin, age, color, disability or other legally protected status.
C. Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person’s body, dress, appearance, or sexual activities
D. The unwelcome use of degrading language, jokes or innuendos about a person’s age, race, color, national origin, religion, gender, sexual orientation, marital status, handicap and veteran status.
E. Unwelcome suggestive or insulting sounds or whistles; obscene phone calls.
F. If not removed when requested, sexually suggestive objects, pictures, videotapes, audio recordings or literature, placed in the work or study area that embarrass or offend individuals. Such material if used in an educational setting should be related to educational purposes.
G. Unwelcome and inappropriate touching, patting, or pinching; obscene gestures.
H. Consensual relationships where such relationships lead to favoritism of a student or subordinate employee with whom the teacher or superior is romantically involved and where such demonstrated favoritism adversely affects other students and/or employees.
I. Stalking: any pattern of behavior composed of two or more acts over a period of time, however short, directed at a specific person that would cause a reasonable person to feel fear.

Harassment includes conduct that has the intent or effect of unreasonably interfering with a person’s life in the Clark community. Examples of harassment may include, but are not limited to the following: intimidation, threats, stalking, slurs, derogatory graffiti, internet posting or any conduct which endangers the health, safety or well-being of an individual or group.

Hate incidents include any act or attempted act by any person against another person, group, or property that has the intent of hostility towards the victim. Hate incidents may be based on a person’s race, gender, sexual orientation, religion, national origin, age, disability, ethnicity or social/political affiliation. Examples of hate incidents may include, but are not limited to the following: threats, physical assaults, or vandalism, including destruction of religious symbols.

It is also a violation to deprive anyone who is exhibiting freedom of expression the opportunity to speak or be heard, to physically obstruct their movement, or to otherwise interfere with academic freedom.

Clark University students have the rights to express their ideas, thoughts and opinions, both individually and in manners of forum or protest, without fear of censure or retribution from members of the Clark University community.

The University cherishes the diversity of values and perspectives that are part an academic institution and so is respectful of freedom of thought, inquiry and expression. Users are free from censorship in expressing their views through electronic communications facilities (including, but not limited to, e-mail and “chat” programs) as long as their views are not represented as the views of Clark University.

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It is important that users recognize that such open access carries some risk of access to information that might be considered offensive or unorthodox.

The past few weeks have been dismal for free speech rights at Massachusetts colleges, most recently at the University of Massachusetts Amherst, with the brandishing of the “heckler’s veto” to disrupt a speech by Don Feder and the prevention of distribution of the conservative student paper The Minuteman. These incidents have been compounded by the serious failures of the UMass administration, police, and student government to respect and uphold First Amendment rights. Fortunately, Clark University seems to have avoided a similar fate, though not without a few bumps of its own. In February, Clark University Students for Palestinian Rights (CUSPR) […]